论租金贷模式下长租公寓的责任承担

Research on Responsibility of Long-Term Rental Apartment under the Rental Loans Mode

摘要: 租金贷模式下的租赁合同与借贷合同的法律性质与显名间接代理相似，但两者相对人的意愿不同，属于必要事实要素上的差别，故“租金贷”模式不能适用显名间接代理的规定。“租赁 + 借贷”合同模式实际上就是关联合同，根据关联合同理论，“租赁 + 借贷”合同具备经济上的整体性，得以类推适用《商品房买卖合同司法解释》第19~21条的规定，在房屋租赁合同无效或被撤销、解除时，长租公寓负有返还融资贷款的义务。

Abstract: The legal nature of leasing contract and loan contract under rent-loan mode is similar to that of ex-plicit indirect agency, but the will of the relative person is different, which is the difference of essen-tial factual elements. Therefore, the rent-loan mode cannot apply the provisions of explicit indirect agency. In fact, the leasing contract with loan contract should be considered a linked contract, which has comprehensively economical connection according to the theory of linked contracts. Therefore, long-term apartment rent loans shall apply to the provisions of article 19~21 of “Interpretation of the Application of Law for Trying Cases on Dispute over Contract for the Sales of Commodity Houses”, and when a leasing contract is rescinded, nullified, or revoked, the agency of long-term apartment shall be liable for the repayment.